Chapter 13 – The Writer & the Law MMC 2100 – Thursday April 5, 2012 Chapter 13 – The Writer & the Law

Chapter 13 Learning Objective How the First Amendment protects you as a journalist Defamation Libel How far can a journalist go in pursuing a story (privacy violation) What is considered copyright material How does advertising figure into First Amendment protection

Chapter 13 5 freedoms guaranteed in First Amendment?

Chapter 13 U.S. Constitution: First Amendment (James Madison): gives you right to free expression, speech & press “Congress cannot abridge free speech.” Overrides all government (at any level) laws (including state universities) Strongest protection for speech involving politics, religion, culture

First Amendment Freedom of the Press Can you as a journalist say or publish anything?

Chapter 13 Prior Restraint: Government censoring speech, press First Amendment violation Can be justified if protects public or national security Patriot Act These forms of speech are generally not protected (“low value”): Obscenity Criminal threats

Chapter 13 Defamation: harming someone’s reputation U.S. courts: reputation like property Libel: written word – more serious: primary means of suing journalists Newspaper Radio/TV Usually involves civil suit Libelous words – Slander: spoken word

Chapter 13 Libel suit: (plaintiff must prove all these) Publication: statement was published Identification: they were identified – even if implied Individuals and small groups Defamation: statement/story harmed reputation Political beliefs Illnesses Business practices/ethics Criminal activity Fault: writer was at fault Actual malice – publish statement knowing it’s false Damages: harmed in some way

Chapter 13 (Defendant need only disprove one of the above) Libel defenses: Truth – must prove report is true. Qualified Privilege – journalists protected if reporting from an official capacity Statute of limitations – suit must be filed w/i specific time frame

Chapter 13 Constitutional privilege (Reckless Disregard) Difficult for public figures to win libel cases – must prove actual malice Lose some libel protection if you are a public figure NY Times v. Sullivan (1964): public figures must prove actual malice Alabama civil rights advertisement in NY Times Supreme Court: free debate outweighs minor factual errors – public officials must prove writer knew: Statement was false Had reckless disregard for truth (still published statement) Definition: Who is a “public official” vs. “public figure” Public official: Hold public office Public figure: Hold non-elected public office w/ significant influence (principal) or willingly brings oneself into public spotlight

Chapter 13 Privacy Law (areas of private invasion) Publication of private facts: publish private facts – even if true Intrusion into seclusion – need not be published Personal right to be left alone What’s off limits Reporters free to pursue stories in public places and in private places as long as they are invited False light: an inappropriate depiction of someone (inaccurate portrayal of someone) Appropriation (advertising, PR) – individual’s right of publicity: unauthorized use of person’s name or any type of likeness for commercial reasons

Chapter 13 Copyright Law: allow individual to financially benefit from their original works – makes individual owner of their work Writers, composers, graphic artists, sculptors Intellectual Property Law (trademarks, patents) Work must be in a permanent state (“fixed in a tangible medium) Work must have minimal degree of creativity – talent not an issue General ideas, events cannot be copyrighted Copyright not infinite (“public domain” – open for anyone to use) Span: (Individual) Author’s life + 70 years (Corporation): 120 years from date of creation or 95 years from date of publication Employer (not employee) owns copyright

Chapter 13 Copyright Law Fair use: monopoly on copyright ownership – courts use FOUR factors to determine fair use: Nature of copyrighted material – length, creativity, availability: more creative works get more protection Nature of use – works used for educational purposes have more protection than those for commercial uses Extent of use Quantity: how much of work is being borrowed? Quality: which part of work was borrowed? Commercial infringement (economics) – does borrowed work affect economic worth of original work

Chapter 13 Trademark Law: prevent consumer confusion & protect business relationship between company & its customers Box – p. 288 Includes names, logos, symbols, catch-phrases & anything else representing a service or product MORAL: BE CAREFUL AND VERY SPECIFIC

Chapter 13 http://www.copyright.gov/help/faq/

Chapter 13 http://www.splc.org/classroomresources/classroomresources.asp

Chapter 13 Advertising – last 30 years more First Amend. Protection – these are factors in determining if an advertisement receives First Amend. protection: Ad must be truthful & not misleading Ad must relate to a legal product or service If BOTH are met, then … legal analysis test … then First Amend. protection

Chapter 13 Federal Trade Commission (FTC): federal agency regulating (misleading) advertising – FTC uses this criteria to determine if ad is misleading: If ad is likely to mislead Reasonable consumer: does average person w/ reasonable judgment find ad misleading Material statement or omission: does that misrepresent ad Got cancer? Get none?

Chapter 13 Broadcast regulation Most regulated of all media WHY? Uses public airways for transmission Cable TV less regulated – WHY? Federal Communications Commission (FCC): federal government agency regulating TV, radio, phone, cable TV & other communication outlets Limited use of “indecent material” 10 a.m. – 6 p.m. – “safe harbor” Howard Stern – WHY did he leave regular radio? Payola: paid to play certain songs/ music Plugola: paid to pitch certain products